VISIÓN, FILOSOFIA Y PRINCIPIOS DEL CÓDIGO PROCESAL CIVIL

Introduction

The speaker introduces the topic of civil procedural law and emphasizes the importance of understanding the history of the civil procedural code in order to study it effectively.

Importance of Understanding the History of Civil Procedural Code

• It is crucial to have knowledge about the history of the current civil procedural code that governs Costa Rica.

• The previous code, which was in effect until October 8, 2018, was outdated and based on an old Spanish civil procedure law from 1881.

• A reform was necessary due to international pressures and potential legal challenges from international courts for not ensuring effective access to justice.

• The reform aimed to align Costa Rica's civil procedural system with modern standards and provide a more efficient and timely justice system.

Need for Procedural Reform in Costa Rica

The speaker explains why a procedural reform was needed in Costa Rica by highlighting the inefficiencies and limitations of the previous civil procedural system.

Limitations of Previous Civil Procedural System

• Prior to the current code, there was a written-based process where lawyers submitted written documents, and judicial activity was limited.

• This system resulted in lengthy delays, with cases often taking 8 to 10 years to resolve.

• Costa Rica needed to adapt its civil procedural system to meet the demands of a dynamic society influenced by technological advancements.

• International pressure from organizations like the Inter-American Court of Human Rights emphasized the need for effective access to justice.

• A modernized civil procedural legislation was required to ensure prompt and quality justice delivery.

Significance of Civil Justice System

The speaker highlights the social significance of a well-functioning civil justice system and dispels misconceptions about its importance.

Importance of a Functioning Civil Justice System

• The civil justice system plays a crucial role in society, impacting the economy and attracting foreign investors.

• Investors often inquire about the efficiency of the civil justice system before investing in a country.

• A dysfunctional civil justice system can hinder economic growth and create uncertainty for contractual obligations.

• It is incorrect to assume that criminal justice is more socially significant than civil justice. Both are essential for societal well-being.

Achieving Prompt and Quality Justice

The speaker explains the need to align Costa Rica's civil procedural legislation with constitutional principles of prompt and quality justice.

Constitutional Principle of Prompt and Quality Justice

• The Costa Rican constitution emphasizes the importance of prompt and quality justice.

• The previous written-based process did not allow judges to fully understand the conflicts at hand, leading to lower-quality judgments.

• A reformed process was necessary to ensure judges could thoroughly comprehend disputes, resulting in higher-quality decisions.

• Implementing a procedural structure that guarantees prompt justice delivery was crucial.

Inefficiencies in Previous Civil Procedural System

The speaker discusses the inefficiencies identified in an analysis conducted on the previous civil procedural system.

Inefficiencies in Previous System

• An analysis revealed that ordinary processes had 101 steps, with approximately 50 steps being unnecessary for obtaining a well-grounded judgment.

• The previous system lacked concentration of judicial activities, resulting in limited intervention by judges during proceedings.

• A reform was needed to establish a procedural framework that ensured both promptness and quality in delivering justice.

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Changes in the Costa Rican Justice System

This section discusses the changes made to the Costa Rican justice system, specifically regarding the concentration of justice in San Jose and the modification of competition rules.

Changes in Competence Rules

• The justice system in Costa Rica used to be concentrated in San Jose, but changes have been made to modify the rules of competence.

• Litigants now have to present their cases in the specific region where the property or dispute is located.

• Previously, litigants could file their claims wherever they preferred, often leading to all cases being filed in the metropolitan area.

• These modifications were necessary to establish a profile of individuals interested in resolving conflicts and ensure that judges and lawyers are more engaged with understanding and solving disputes from an early stage.

Increased Engagement of Judges

This section highlights how the new civil procedural code promotes increased engagement of judges in conflict resolution.

Improved Contact with Parties

• Under the new code, judges will have more contact with parties involved in a case.

• They will become familiar with conflicts from their inception and throughout the process.

• This increased contact is expected to result in judges who are more interested and invested in finding solutions rather than engaging solely in confrontations during court debates.

Collaborative Approach and Technology Integration

This section emphasizes how collaboration with technology is encouraged by the new civil procedural code.

Collaboration with Justice Administration

• The new code aims to create a collaborative system that emphasizes cooperation with the administration of justice.

• Witnesses, experts, and public officials are obligated to provide necessary information as required by law.

• The code is designed to encourage collaboration from all parties involved.

Adaptation for Technological Advancements

• The new civil procedural code has been adapted for technological advancements.

• It facilitates a friendly and efficient use of technology in legal proceedings.

• The code is aligned with the current technological landscape, making it suitable for modern times.

Characteristics of the New Code

This section discusses the characteristics of the new civil procedural code.

Easy to Read and Understand

• The new code is written in a simple and comprehensible language.

• It avoids excessive technical jargon and complex terminology.

• While some technical aspects may require further study, overall, it is designed to be easily understood by readers.

Clear References within the Code

• The code does not rely on cross-references between articles that often lead to confusion.

• Instead, it provides clear internal references within each article, ensuring clarity and ease of use for readers.

Importance of Education and Preparation

This section emphasizes the importance of education and preparation for both experienced lawyers and law students.

Continuing Education for Lawyers

• Experienced lawyers need to update their knowledge and skills to adapt to the new civil procedural code.

• Ongoing education is necessary to stay updated with changes in legal practices.

Preparing Law Students

• Law students who have studied under previous codes need to be familiarized with the new civil procedural code.

• Efforts have been made by judicial institutions and bar associations to provide courses that prepare law students for practice under the new code.

Overview of the Civil Procedural Code

The Civil Procedural Code is a well-organized code that covers general aspects of civil procedures. This course emphasizes the importance of understanding this code as it applies to all types of legal processes.

Structure and Content of the Code

• The code is structured thematically, with the general principles covered in the first part.

• Each topic or concept related to legal procedures can be found in a specific article or chapter within the code.

• This organization makes it easier to locate information on specific topics without having to search through the entire code.

Applicability to Other Legal Areas

• The Civil Procedural Code serves as a general normative framework that applies suppletorily to other areas of law.

• It complements other codes such as labor law, administrative law, and family law by providing procedural rules and regulations.

• For example, if one needs information on evidence-related matters, they would need to refer to the Civil Procedural Code.

Harmonious and Comprehensive Nature

• The code aims for harmony and coherence by avoiding repetitions and contradictions.

• A thorough review was conducted during its development to ensure consistency throughout.

• This comprehensive approach minimizes potential problems within the code.

Characteristics of the New Civil Procedural System

The new civil procedural system focuses on simplicity, flexibility, and efficiency. It grants increased powers to judges while maintaining control through litigants' advocacy. Oral proceedings are introduced systematically, enhancing overall effectiveness.

Flexibility and Simplification

• The new system allows for a high degree of flexibility in judicial processes.

• It eliminates unnecessary formalities and simplifies procedures without compromising due process rights.

• Judges have expanded powers that enable them to streamline proceedings, shorten the process, and make it more efficient.

Introduction of Oral Proceedings

• The concept of oral proceedings is introduced systematically in the new code.

• Oral proceedings are not limited to verbal communication but rather a comprehensive approach to ensure justice is served promptly and effectively.

• The book "El principio de oralidad en el proceso civil" provides further insights into the principle of orality in civil procedures.

Increased Powers of Judges and Role of Litigants

The increased powers granted to judges aim to promote justice, but they are not absolute. Litigants play a crucial role in controlling judicial activities and ensuring fairness throughout the process.

Increased Powers of Judges

• The new code grants judges greater authority to administer justice appropriately.

• These expanded powers enable judges to fulfill their duties effectively and uphold fairness.

• However, these powers are not absolute and can be regulated by litigants' advocacy.

Role of Litigants

• Litigants, particularly lawyers, have an essential role in monitoring and controlling judicial activities.

• They act as checks and balances on judges' exercise of power during legal proceedings.

• Lawyers ensure that judges adhere to procedural rules while safeguarding due process rights.

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Structure of the System by Hearings

The speaker discusses the structure of the system based on hearings in Costa Rican civil procedure.

Procedure Conducted through Hearings

• The process is conducted through hearings according to the 1990 code.

• Previously, a process involved completing over 101 written stages with requests and responses from both parties.

• Under the new civil procedural system, it is simplified. The plaintiff presents the claim, the defendant responds, and then a hearing is held to resolve preliminary issues.

• After this initial hearing, another hearing takes place where parties gather to discuss, argue, and present evidence.

• Following this second hearing, the court delivers its judgment. Thus, most processes are completed within two hearings.

Resolving Delays in Costa Rican Justice System

The speaker explains how the new civil procedural system addresses delays that were prevalent in Costa Rican justice.

• In the past, litigants would intentionally delay proceedings to devalue judgments by prolonging them for years or even decades.

• Litigants would appeal every decision made during a process, causing significant delays as each appeal required several months for review.

• This resulted in cases taking 10 to 12 years to reach final resolution in common courts.

• The new code limits appeals for certain types of decisions known as "autos," reducing unnecessary delays.

Modernization of Evidence Presentation

The speaker highlights improvements in evidence presentation under the new civil procedural system.

• Previously, judges themselves would question witnesses during trials in Costa Rica. This was an unusual practice compared to other countries where attorneys conduct witness examinations.

• With modernization, this practice has been eliminated. Attorneys now have the responsibility to question witnesses during trials.

• The new system allows for the presentation of expert opinions and testimonies from both parties, which was not permitted before.

• When an expert provides a report, they must defend it during the hearing in front of both attorneys.

Emphasis on Responsibility and Preparation

The speaker emphasizes the increased responsibility and preparation required of litigating lawyers under the new civil procedural system.

• The speaker expresses concern about students who simply attend classes without actively engaging or preparing adequately.

• Students are reminded that their level of preparation will directly impact their future professional careers.

• The new code places greater emphasis on the responsibility of litigating lawyers in effectively managing cases.

• Students are urged to take their studies seriously as negligence during their academic years may negatively affect them professionally.

Elimination of Second Instance in Ordinary Processes

The speaker discusses the elimination of second instance review in ordinary processes under the new civil procedural system.

• In previous procedures, after a judgment was issued at first instance, parties could appeal to a higher court for a second instance review.

• This created an additional step in the process known as "casación."

• Under the new code, second instance review has been eliminated for ordinary processes with higher amounts involved.

• Now, there is only first instance judgment and casación. It was deemed unnecessary to have three judges at each level reviewing cases involving property ownership disputes.

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Eugenia's Delay Tactics

The speaker discusses how they were unable to initiate legal proceedings against Eugenia due to her tactics of delaying the execution. They mention that appealing the decision also prevented them from starting the execution process.

• Eugenia's actions aimed at delaying the execution process.

• The appeal system hindered the initiation of execution.

• Motivation for everyone to resort to appeals and delay the process.

Changing Civil Code for Execution

The speaker explains that changes in the civil code now allow for the execution process to begin even if a sentence is not yet final. They provide an example of how they can already seize assets from the defendant, even if the sentence is not firm.

• The civil code now permits initiating execution with a non-final sentence.

• An example is given where assets are seized before a firm sentence.

• Clarification on what it means for a sentence to be firm or final.

Meaning of "Firm Sentence"

The speaker asks if everyone understands what it means for a sentence to be firm or final. They explain that it refers to when a sentence cannot be appealed anymore, either because the deadline has passed or because it has been resolved by a higher court.

• Explanation of what it means for a sentence to be firm.

• A firm sentence cannot be appealed anymore.

• It occurs when either the deadline for appeals has passed or when a higher court has resolved it.

Effect of Final Sentence: Res Judicata

The speaker explains that once a sentence becomes final, there is no further possibility for discussion on the matter. This concept is known as res judicata and is an effect of having a final judgment.

• Once a sentence becomes final, there is no further discussion.

• The concept of res judicata applies when a sentence is final.

• Res judicata is an effect of having a final judgment.

Casation Appeal and Changes in the Code

The speaker briefly mentions that the code introduced changes to the casation appeal, making it less formalistic. They highlight that previously, only specialized lawyers could handle casation appeals, but now it is more accessible.

• Introduction of changes to the casation appeal in the code.

• Previously, only specialized lawyers could handle casation appeals.

• The new code made the process less formalistic and more accessible.

Updating Substantive and Procedural Law

A student raises a question about updating substantive and procedural law. The speaker explains that while Costa Rica has an old civil code, there have been many new laws addressing civil matters. They emphasize the need for updating both substantive and procedural law separately.

• Costa Rica has an old civil code but has updated its legislation with new civil laws.

• Need for updating both substantive and procedural law separately.

• Emphasis on the importance of updating procedural law like the Civil Procedure Code.

Principles of the New Code

The speaker discusses how they decided to include a list of principles at the beginning of the code to guide interpreters. They explain that this was necessary due to Costa Rica transitioning from an outdated system to a modern one.

• Inclusion of a list of principles at the beginning of the code.

• Principles serve as guidance for interpreters in the modern system.

• Transition from an outdated system to a modern one necessitated these principles.

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The Principle of Contradiction and the Principle of Economy

In a procedural system, the principle of contradiction is essential for a fair process. However, there are other principles that are not procedural in nature, such as the principle of economy. The introduction of oral proceedings in Costa Rica in 2018 brought significant changes to the procedural system.

The Principle of Contradiction and the Principle of Economy

• The principle of contradiction is crucial for a fair process.

• The principle of economy is not a procedural principle.

• Oral proceedings were introduced in Costa Rica in October 2018 with the Chinese procedural code.

Identifying Principles in the Civil Procedural Code

The civil procedural code regulates various principles. It is recommended to refer to specific books on this topic for a comprehensive understanding.

Principles Regulated in the Civil Procedural Code

• There are principles regulated in the civil procedural code.

• It is recommended to refer to books on this topic for further information.

Recommended Book on Orality and General Theory

A book on orality and general theory provides valuable insights into understanding oral proceedings in civil processes.

Book Recommendation - Orality and General Theory

• A recommended book on orality and general theory provides insights into oral proceedings.

• This book can be found at universities and multiple copies are available.

Understanding Orality as a Process System

Orality is primarily a process system that brings significant changes when introduced into an existing procedural system.

Understanding Orality as a Process System

• Orality is a process system that brings about substantial changes.

• It transforms the existing procedural system, impacting speed and various stages of the process.

Differences Between Previous and Current Procedural Systems

The introduction of oral proceedings in 2018 resulted in significant differences compared to the previous procedural system.

Differences Between Previous and Current Procedural Systems

• There are substantial differences between the previous procedural system and the current one .

• These differences include changes in evidence, stages, institutes of procedural law, and practices.

• The demand, response to a demand, and practice of presenting evidence have all undergone changes.

Implications of Orality - Inmediacy, Concentration, Publicity

Orality encompasses various aspects such as immediacy, concentration, and publicity. These elements are essential for understanding its implications.

Implications of Orality - Inmediacy, Concentration, Publicity

• Orality involves direct verbal communication between the judge and parties.

• It implies proximity between the court and individuals involved in a conflict.

• Orality emphasizes closeness between the time when evidence is presented and when a judgment is rendered.

• Public hearings are an integral part of orality.

• Equality before the law is a principle that should be upheld throughout the process.

Oral Proceedings - Communication, Proximity, Publicity

Oral proceedings involve direct verbal communication between parties. It emphasizes proximity during conflicts and ensures public hearings.

Oral Proceedings - Communication, Proximity, Publicity

• Oral proceedings involve direct verbal communication between parties.

• It emphasizes proximity during conflicts to facilitate effective resolution.

• The practice of presenting evidence is closely connected to when judgments are rendered.

• Public hearings are an essential aspect of oral proceedings.

Understanding the Concept of Juridical Procedural Relationship

The concept of juridical procedural relationship is important to understand and will be further discussed in subsequent sections.

Understanding the Concept of Juridical Procedural Relationship

• The concept of juridical procedural relationship is significant.

• It will be further explored in subsequent sections.

Differentiating Material and Procedural Relationships

Material relationships refer to everyday transactions, while procedural relationships arise when conflicts occur within material relationships.

Differentiating Material and Procedural Relationships

• Material relationships involve everyday transactions.

• Procedural relationships arise when conflicts occur within material relationships.

• Tragic incidents resulting from material relationships can lead to legal proceedings.

Example of a Tragic Incident Leading to Legal Proceedings

A tragic incident involving contaminated food led to legal proceedings as a result of a material relationship turning into a procedural one.

Example of a Tragic Incident Leading to Legal Proceedings

• A person consumed contaminated food and suffered harm.

• This incident transformed the material relationship into a procedural one.

• Legal proceedings were initiated by the affected party against the responsible party.

Elements of the Juridical Material Relationship

This section discusses the elements of the juridical material relationship and their importance in the legal process.

Elements of the Juridical Material Relationship

• The elements of the juridical material relationship are: subjects, objects, and cause.

• These elements play a crucial role in the legal process.

Importance of Orality and Immediacy in Legal Proceedings

This section highlights the significance of orality and immediacy in legal proceedings.

Orality and Immediacy

• Orality aims to achieve immediacy between the court and the parties involved in a legal proceeding.

• It ensures that there is close proximity between the tribunal and the objects or situations that motivated the process.

• The principle of concentration serves as a means to achieve immediacy.

• Concentration refers to the closeness between when evidence is presented and when judgments are made.

• By having proximity between these two moments, there is less chance for forgetting or misinterpretation by those involved.

Benefits of Concentration and Immediacy

This section explains how concentration serves immediacy in legal proceedings.

Benefits of Concentration

• The principle of concentration supports immediacy because it reduces the possibility of forgetting or misinterpreting what was witnessed during hearings.

• When there is proximity between presenting evidence and delivering judgments, it enhances accuracy and reliability.

Challenges with Implementing Oral Proceedings

This section discusses challenges faced when implementing oral proceedings.

Challenges with Oral Proceedings

• In Colombia, an attempt was made to introduce oral proceedings into their legal system.

• However, an article was added that required written transcription of all proceedings, causing delays due to transcription time.

• This led to complications and hindered the efficiency of the system.

• Similar issues were observed in other systems where excessive transcription was required.

Elements of the Juridical Procedural Relationship

This section addresses a question regarding the elements of the juridical procedural relationship.

Elements of the Juridical Procedural Relationship

• The elements are subjects, objects, and cause.

• Subjects refer to the parties involved in the legal process.

• Objects represent the desired outcome or goal of the process.

• Cause refers to the motive or reason for seeking justice through legal means.

Understanding Procedural Civil Law

This section provides an analogy to understand procedural civil law.

Procedural Civil Law as a Puzzle

• Procedural civil law can be compared to solving a puzzle.

• However, it is important to receive all puzzle pieces in order and not randomly.

• Studying procedural civil law thoroughly will eventually lead to a complete understanding of how all pieces fit together.

Summary: Subjects, Object, and Cause in General Theory of Process

This section summarizes subjects, object, and cause in general theory of process.

Summary: Subjects, Object, and Cause

• Subjects refer to parties involved in a legal conflict.

• Object represents the desired outcome or purpose pursued by one party.

• Cause refers to the motive or reason for seeking justice through legal means.

Importance of Juridical Procedural Relationship and Principles

This section emphasizes the importance of juridical procedural relationship and principles.

Importance of Juridical Procedural Relationship and Principles

• Understanding juridical procedural relationship and its elements is crucial for comprehending legal processes.

• The principles governing these relationships, such as orality and concentration, play a significant role in achieving justice.

Additional Principles in Legal Proceedings

This section mentions additional principles in legal proceedings.

Additional Principles

• Instrumentality and pursuit of truth are important principles in legal proceedings.

• The process serves as an instrument to deliver justice and ensure fairness for all parties involved.

The Principle of Good Faith and Dispositive Principle

In this section, the speaker discusses the principle of good faith and the dispositive principle in civil matters. They explain that these principles are emphasized in the code and can lead to sanctions if someone acts in bad faith during a legal process.

The Principle of Good Faith

• The code emphasizes the level of good faith and establishes sanctions for acting in bad faith during a legal process.

The Dispositive Principle

• The dispositive principle is specific to civil matters and implies that parties have certain rights they can exercise during the process. This includes offering evidence, renouncing proof, and initiating or managing the lawsuit.

• However, there are exceptions to this principle, such as when there is a crisis or defective procedural activity.

Impulse Process and Preclusion Principle

In this section, the speaker explains the impulse process and preclusion principle in legal proceedings.

Impulse Process

• Impulse process refers to the obligation of parties to actively manage the legal process. If parties fail to do so, it becomes the responsibility of the court to move forward with the case.

Preclusion Principle

• The preclusion principle means that once an stage has been completed in a legal proceeding, it cannot be revisited or undone without causing delays in judicial activities.

Second Instance Elimination in Ordinary Proceedings

In this section, the speaker discusses why second instance elimination was implemented only in ordinary proceedings of greater value.

• Second instance elimination was implemented in ordinary proceedings of greater value to increase efficiency and expedite the process. The goal was to unify all cases so that they only have two instances.

• However, this elimination does not apply to other types of proceedings, such as those of lesser value or non-ordinary cases, which still maintain a second instance.

Reason for Second Instance Elimination

In this section, the speaker explains the reason behind eliminating the second instance in ordinary proceedings.

• The elimination of the second instance in ordinary proceedings was primarily done to address issues related to efficiency and speed. It aimed to unify all cases under a two-instance system for consistency.

Consent for Sharing Photos on YouTube

In this section, the speaker seeks consent from participants regarding sharing photos on YouTube.

• The speaker requests consent from participants before sharing photos on YouTube. They encourage anyone who has concerns about their photo being shared to inform them promptly.

• The intention is to share the class recordings on YouTube for accessibility purposes and benefit other students who may not be able to attend live sessions.

Understanding the Principle of Concentration

The speaker discusses the principle of concentration in legal proceedings and seeks clarification on its practical application.

Clarifying the Practice of Concentration

• The principle of concentration aims to minimize the number of actions required in a legal process.

• The speaker seeks clarification on which specific practice or test is referred to when discussing concentration.

• They mention the scenario where they explain their problem to a judge, who then asks the defendant if what was said is true.

• The speaker questions how this relates to concentration and requests further explanation.

Determining the Evidence and Reasoning

• The speaker mentions that after hearing both versions from Isabel and Jorge, the judge determines which evidence will be considered for further examination.

• They emphasize that concentration should ensure that there is minimal time between presenting evidence and delivering a verdict.

Challenges with Concentration

• One challenge highlighted is that there can be significant delays between presenting evidence and issuing a judgment.

• In some cases, it may take years for a judgment to be delivered, leading to potential issues with recalling witness testimonies or other details.

• The lack of continuity due to long delays contradicts the principle of concentration.

Characteristics of Concentration

• Concentration involves minimizing the number of stages or actions in a legal process.

• It requires these stages or actions to occur within close temporal proximity for effective concentration.

• However, it is noted that even if a process has few stages, if there are significant time gaps between them, it does not align with true concentration.

Importance of Timely Resolution

The speaker explains why timely resolution is crucial in legal proceedings and highlights an example where delays caused complications.

Significance of Timely Resolution

• Timely resolution ensures efficiency in legal proceedings.

• The speaker emphasizes the importance of resolving cases within a reasonable timeframe to maintain accuracy and fairness.

Example of Delayed Resolution

• The speaker shares an example where a case took nine years to reach a judgment.

• By the time the judgment was delivered, the judge who initially heard the evidence had changed, and details from witness testimonies were forgotten.

• This highlights how delays can hinder concentration and impact the effectiveness of legal processes.

Defining Concentration in Legal Processes

The speaker further elaborates on concentration in legal processes, emphasizing its role in minimizing actions and stages.

Determining Concentration

• Concentration aims to minimize the number of actions or stages involved in a legal process.

• It requires these actions or stages to occur within close temporal proximity for effective concentration.

Importance of Fewer Stages and Timely Completion

• To achieve true concentration, a legal process should have minimal stages or actions.

• Additionally, these stages should be completed with significant temporal proximity between them.

Addressing Questions and Preparing for Next Class

The speaker encourages students to ask questions regarding concepts discussed so far. They also provide guidance on reading material for the next class.

Addressing Student Questions

• Students are encouraged to ask any questions they may have about concepts or phrases mentioned during the lecture.

• The speaker assures students that they can seek clarification on topics related to general theory of legal processes, both civil and criminal.

Reading Material for Next Class

• Students are advised to read the historical section provided in their textbook before the next class.

• The speaker mentions that they will not extensively cover this historical aspect but encourages students to familiarize themselves with it beforehand.

Wrapping Up and Encouraging Questions

The speaker concludes the lecture, expressing gratitude and encouraging students to note down any remaining questions for the next class.

Concluding Remarks

• The speaker thanks the students for their participation and attention.

• They express gratitude to a specific individual who expressed appreciation.

• Students are reminded to jot down any remaining questions they may have for further discussion in the next class.